Publication Date: 2nd March 2023
1. WELCOME TO HIKE!
2.1. The “Term” of your Subscription depends on the Subscription that you select, but in all cases will start from and including the Effective Date and shall, unless terminated earlier in accordance with Clause 12, continue for the applicable Initial Period and automatically renew for successive Renewal Periods.
3. HIKE SERVICES
3.1. The Hike Services are not intended for and may not be used by anyone under the age of 16. You confirm that you are, and that Customer Users are 16 years and older.
3.4. You acknowledge and agree that Hike has the exclusive right to decide how to develop the Hike Services. Hike may, in its sole discretion, remove or add features to the Hike Services at any time without any claims to compensation or any other remedies by you.
4. HIKE SERVICES REQUIREMENTS
4.1. You shall and shall procure that Customer Users shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Hike Services and, in the event of any such unauthorised access or use, promptly notify Hike.
5. MANAGING ACCOUNTS
5.1. You shall provide, and shall procure that Customer Users shall provide accurate, current and complete information required to register with the Hike Services and at other points as may be required in the course of using the Hike Services. You shall and shall procure that Customer Users shall maintain and update information as required to keep it accurate, current and complete. We may terminate yours or your Customer Users’ rights to any or all of the Hike Services if any information you provide is false, inaccurate or incomplete.
5.2. In respect of the Hike Services, you shall be responsible for all acts and omissions by you and by your Customer Users and Clients (as applicable), including for ensuring the security and confidentiality of all Credentials.
5.4. Where Customer appoints an Administrator, Customer warrants and represent that the Administrator has the authority to act on behalf of the Customer.
5.5. Customer shall keep complete and accurate records of Customer Users and produce such records to Hike on reasonable request from time to time.
6. CUSTOMISABLE SERVICES ADDITIONAL REQUIREMENTS
7. SERVICE DEPENDENCIES AND RELIABILITY
7.1. The use and performance of the Hike Services may be dependant on System Requirements. You acknowledge and agree that you and your Clients (as applicable) are responsible for such System Requirements, and (to the extent permitted by law) are solely responsible for procuring, maintaining and securing network connections and telecommunications links from your systems to Hike’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the yours or your Clients’ network connections or telecommunications links or caused by the internet.
7.4. Where the Hike Services link to other websites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them. We have no control or responsibility over the contents of those websites or resources.
7.5. You acknowledge and agree that, from time to time, Hike may need to carry out maintenance on the Hike Services, and generally, maintenance works relating to its equipment and systems, and it shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given to you and minimum disruption to the access to the Hike Services is caused. However, you acknowledge that Hike cannot guarantee that the Hike Services will be continuously available. For the avoidance of doubt, you shall in no circumstances be entitled to a discount or refund of Subscription Fees in respect of interruptions to the availability of the Hike Services arising from such maintenance works.
8. CONTENT AND CONDUCT
8.1. You shall have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of all Customer Content.
8.2. Portions of the Hike Services may utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material may be made available in respect of the Hike Services, and yours, your clients, and the Customer Users’ use of such material is governed by their respective terms.
8.5. If you or your Customer Users elect to provide Hike with any suggestions, comments, improvements, ideas or other feedback or materials related to the Hike Services, you hereby assign, and as applicable procure that your Customer Users shall assign, and shall if requested in the future assign, all right, title and interest in and to such feedback to Hike, without any compensation or other duty to account to you or the Customer Users (as applicable) and shall automatically waive and procure the waiver of any moral rights in such feedback. You shall procure that Customer Users will promptly take such actions as Hike may reasonably request from time to time (including execution of affidavits and other documents) to effect, perfect or confirm Hike’s ownership rights.
9. SUBSCRIPTION FEES
9.1. You shall pay the Subscription Fees to Hike in accordance with this Clause 9. The Subscription Fees for the Hike Services will be invoiced to and payable in advance by Customer as follows: (a) where the Customer subscribes to a monthly subscription plan, monthly in advance at the beginning of the Initial Period and any Renewal Period; and (b) where the Customer subscribes to an annual subscription plan, annually in advance at the beginning of the Initial Period and any Renewal Period. Where the payment date cannot be the same day of a month it shall be the nearest day before (i.e. if the payment date is 31st of March then the next payment would be due on 30th April).
9.2. Where Customers are located in the UK, Subscription Fees shall be paid in British Pounds Sterling (£), and in all other cases Subscription Fees shall be paid in US Dollars ($). Accordingly, Customer recognises that the actual cost of the Subscription may be more or less than the cost anticipated at the date when the Subscription was requested, as a result of fluctuations in the rate of currency exchange. Customer acknowledges and agrees that Hike may charge Customer at the rate of currency exchange in operation on the date of the invoice for the Subscription Fees. In all cases the Subscription Fees are exclusive of applicable tax, duties, fees and levies imposed from time to time by any government or other authority, which will be payable by Customer in addition to the Subscription Fees and shall be added to the invoice(s) at the appropriate rate.
9.6. Customer acknowledges and agrees that, during the Term, Hike may increase the Subscription Fees payable for Hike Services upon providing 30 days’ notice (form of such notice at Hike’s discretion) to Customer before implementing such change. If Customer refuses the increase of the Subscription Fees, Customer shall have the right to terminate the Subscription.
10. DATA PROTECTION
11.2. Notwithstanding clause 11.1, Hike will be entitled to, and in each case without first obtaining Customer’s prior written consent, reference the Customer and its use of the Hike Services and to use Customer’s name and brand insignia in any form of media, for sales, marketing and other promotional purposes, in particular as a commercial reference in Hike’s commercial documents (including but not limited to in case studies and articles).
12.1. During the period of 14 days from and including the Effective Date, only, you shall be entitled to terminate your Subscription immediately on notice to Hike and shall be entitled to a full refund of the Subscription Fees provided that you confirm cancellation and make a request for a refund in writing by sending an email to Hike at: email@example.com or such other means of notice as may be confirmed by Hike from time to time.
12.2. You may without cause provide notice of termination of your Subscription at any time, upon which termination shall be effective at the end of the applicable Initial Period or Renewal Period in which notice has been provided. Where termination has been provided under this clause you shall continue to be entitled to receive the Hike Services made available under the applicable Subscription for the remainder of the Term, but you shall not be entitled to a refund of any Subscription Fees paid for those Hike Services.
12.4. Hike may terminate a Subscription at any time without cause and without notice. In cases of immediate termination without cause by Hike, Hike will refund you the paid but unused portion of the Subscription Fees for the remainder of the Initial Period or Renewal Period as the case may be.
13.2. You shall indemnify Hike against all liabilities, costs, expenses, and damages, and losses (included reasonable legal fees) suffered or incurred by Hike arising out of or in connection with any claims against Hike arising out of: (a) infringement of any third party Intellectual Property Rights relating to Customer Content provided by you, your Client, or Customer Users; (b) your or your Customer Users’ breach of 8.3 or Applicable Laws
13.3. Subject to 13.1, Hike shall have no liability to you or your Clients, in each case whether direct, indirect, foreseeable or consequential, for any: (a) loss of profit; (b) loss of revenue, loss of production or loss of business; (c) loss of goodwill, loss of reputation or loss of opportunity; (d) loss of anticipated savings or loss of margin; (e) loss of bargain; (f) loss of use or value of any data or software; (g) wasted management, operational or other time; and (g) loss or damage or injury (as the case may) caused by the use of the Hike Services or by delays or interruptions of the Hike Services from whatever cause.
14.2. Any notice given in accordance with this Clause 14 will be deemed to have been served: (a) if given as set out in Clause 14.1(a) at 9.00am on the second Business Day after the date of posting; and (b) if given as set out in Clause 14.1(b) at the time of sending the e-mail.
15. FORCE MAJEURE
17.1. Account means an account that a Customer is authorised to set up to use the Hike Services.
Administrator means a Customer User who has been appointed by a Customer as its representative in respect of managing the Subscription and the Customer Users under that Subscription.
Annual Plan means the provision of Hike Services on an annual subscription basis.
Business Day means a day that is not a Saturday, Sunday or public or bank holiday in London, United Kingdom.
Client means the business trader or corporate entity or organisation procuring search engine optimization services from the Customer in connection with which the Customer requires Hike Services.
Client User means those employees, agents and independent contractors of a Client who are authorised to use the applicable Hike Services.
Confidential Information means any document marked “confidential”, or any information which a recipient has been informed is confidential or which it ought to reasonably consider the other party to consider confidential, including but not limited to any information regarding the Hike Services, Hikes business, and any other information which might have commercial, public interest, publicity, or other value to third parties.
Credentials means Account passwords and other log-in details used in order to access or use the Hike Services.
Customer means the sole business trader or the corporate entity or organisation procuring Hike Services through a Subscription.
Customer Content means any content uploaded, posted or embedded through the Hike Services by a Customer, Client, or Customer User, including but not limited to names, account information, usernames, pseudonyms, text, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images, chat rooms, audio, links, data and any other form of media, as created from time to time and made available through the Hike Services.
Customer User means those employees, agents and independent contractors of the Customer, and Client Users, who are authorised by the Customer, or Client as applicable, to use the applicable Hike Services through the Customer’s Subscription.
Customisable Services means the Standard Services, but which may be tailored for use without the Hike branding or look-and feel, and which services are made available only to Customers who have an active Subscription for a Standard Service.
Data Protection Laws means any applicable laws, rules, regulations, regulatory guidance, self-regulatory guidelines, industry standards, implementing legislation, or third-party terms relating to privacy, security, data protection, including, as applicable the: (i) UK Data Protection Act 2018 and the GDPR as it forms part of UK law by virtue of section 3 of the European (Withdrawal) Act 2018; and (ii) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; and (iii) EU e-Privacy Directive (Directive 2002/58/EC); in each case as may be amended, superseded or replaced from time to time.
Force Majeure Event means any event or occurrence not within a party’s reasonable control, including without limitation, acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, impositions of sanctions, embargo or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, loss of electrical power, loss of telephone, internet or wide area network, as well as other similar infrastructure and/or material shortages.
Hike Services means the Standard Services and the Customisable Services.
Initial Period means in the case of: (a) a Monthly Plan, the period of 1 month from and including the Effective Date; and (b) an Annual Plan, the period of 12 months from and including the Effective Date.
Intellectual Property Rights means (a) patents, registered trademarks, registered designs, applications and rights to apply for any of those rights; (b) unregistered trademarks, copyright, topography rights, database rights, moral rights, know-how (meaning: formulae, methods, plans, inventions, discoveries, improvements, processes, performance methodologies, techniques, specifications, technical information, tests, results, reports, component lists, manuals and instructions), rights in designs and inventions, discovery or process, and applications for and rights to apply for any of the foregoing; (c) trade, business and company names, domain names and e-mail addresses; (d) rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise); (e) the goodwill attaching to any of the aforementioned rights; and (f) any forms of protection of a similar nature and having equivalent or similar effect to any of them; in all the above cases, throughout the world, including countries which currently exist or are recognised in the future.
Monthly Plan means the provision of Hike Services on a monthly subscription basis.
Renewal Period means in the case of: (a) a Monthly Plan, the period of 1 month from and including the date immediately following the end of the Initial Period; and (b) an Annual Plan, the period of 12 months from and including the date immediately following the end of the Initial Period.
Standard Services means Hike’s suite of online marketing and management tools for search engine optimization, which includes tools for research and analysis, link building, campaign management, automated tracking of search engine performance, analytics and conversion tracking and SEO reports, and instruments for content and contact management, as more particularly described at https://hikeseo.co/pricing/, and which are made available through the Website, and any of the services, features, and functionalities linked to the same.
Subscription means the provision of Hike Services on a subscription basis under either a Monthly Plan or the Annual Plan.
System Requirements means device compatibility, internet access, updated software and other technical requirements as may be specified by Hike from time to time.
Virus means any thing or device (including any software, code, file or programme) which may (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); and (c) adversely affect the user experience, including words, trojan horses, viruses and other similar things or devices.
Vulnerability means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity or availability and the term “Vulnerabilities” shall be construed accordingly.
Website means my.hike.marketing or such other URL as Hike shall designate from time to time.
17.2. Unless the context otherwise requires: (a) references to the singular include the plural and vice versa and references to any gender include every gender; (b) references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality); (c) A reference to “in writing” or “written” includes email; (d) References to any statute or statutory provision will include any subordinate legislation made under it and will be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time; (e) Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them; and (f) Any reference to time of day is to British time (GMT) and day is to a period of twenty-four (24) hours running from midnight to midnight.
Pick a plan. Grow your SEO with Hike.
Join our growing community of over 4,000 small businesses across 70 countries using Hike. Sign up today and receive a free 30-minute SEO set-up call.